[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR3602.12]



[Page 704]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 3600_MINERAL MATERIALS DISPOSAL--Table of Contents

 

                  Subpart 3602_Mineral Materials Sales

 

Sec. 3602.12  How does the mineral materials sales process affect other 

users of the same public lands?



    (a) When BLM designates tracts for competitive or noncompetitive 

sale of mineral materials, and notes the designation in the public land 

records, it creates a right to remove the materials superior to any 

subsequent claim, entry, or other conflicting use of the land, including 

subsequent mining claim locations.

    (b) The superior right under paragraph (a) of this section is part 

of all contracts and permits BLM authorizes within 2 years after the 

date we designate the tract. BLM may extend this 2-year period for one 

additional year for good cause. The right continues for the entire term 

of the contract or permit and any renewal term. The superior right under 

paragraph (a) of this section also applies to any subsequent contracts 

or permits that BLM authorizes within 2 years after the previous 

contract or permit expires or terminates.

    (c) This right does not prevent other uses or segregate the land 

from the operation of the public land laws, including the mining and 

mineral leasing laws. However, such subsequent uses must not interfere 

with the extraction of mineral materials.



[66 FR 58901, Nov. 23, 2001; 67 FR 68778, Nov. 13, 2002]